HomeMy WebLinkAboutWQ0004166_Final Permit_20150825��
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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
August 25, 2015
Tim CHURCH — WATER RESOURCES DIRECTOR
TOWN OF JEFFERSON
POST OFFICE Box 67
JEFFERSON, NORTH CAROLINA 28640
Subject: Permit No. WQ0004166
Town of Jefferson RLAP
Land Application of Class B
Residuals (Non -Dedicated)
Ashe County
Dear Mr. Church:
In accordance with your permit renewal request received February 6, 2015, and subsequent
additional information received August 17, 2015, we are forwarding herewith Permit No. WQ0004166
dated August 25, 2015, to the Town of Jefferson for the continued operation of the subject residuals
management program.
Modifications to the subject permit are as follows: The permitted annual loading has been
decreased from 90 dry tons per year to 75 dry tons per year. The application area was decreased from 42
acres to 35 acres by removing Site Number 5 (owned by Tommy Coward), then increased to 43 acres by
re -measuring Sites 1 and 3 and adding a new Site Number 5 owned by Johnny Walters.
This permit shall be effective from the date of permit issuance until July 31, 2020, shall void
Permit No. WQ0004166 issued August 30, 2006, and shall be subject to the conditions and limitations as
specified therein. Please pay particular attention to the monitoring requirements listed in Attachment A,
for they may differ from the previous permit issuance. Failure to establish an adequate system for
collecting and maintaining the required operational information shall result in future compliance
problems.
Please note that on September 1, 2006, North Carolina Administrative Code Title 15A
Subchapter 02T — Waste not Discharged to Surface Waters was adopted. Accordingly, this permit
incorporates the requirements of these rules; therefore, please take the time to review this permit
thoroughly. The following conditions have been added, modified or deleted from those in the last permit
issuance:
➢ Condition I.1. — Describes the procedure for renewing the permit.
➢ Condition I.2. — Requires full compliance with the notification requirements.
➢ Condition 1.3. — Requires the submittal of an Operation and Maintenance Plan.
➢ Condition 1.4. — Requires compliance with the site signage requirements.
Non -Discharge Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: 919-867-64641 Internet: h .//2 rtal,ncdenr.oM1weblvra
An Equal Opportunity 1 Afrmatve Action Employer- Made in part with recycled paper
Mr. Tim Church
August 25, 2015
Page 2 of 3
➢ Condition II.1. — The program shall be effectively Maintained and operated.
➢ Condition 11.5. — Lists the Ceiling Concentrations and Cumulative Pollutant Loading Rates.
➢ Condition 11.6. — The residuals must meet the pathogen reduction requirements.
➢ Condition I1.7. — The residuals must meet one of the vector attraction reduction alternatives.
➢ Condition 11.8. — Lists the setbacks for the land application sites.
➢ Condition 11.10. — Agronomic rates shall be calculated from Realistic Yield Expectations.
➢ Condition II.11. — Grazed pastureland requires special residual application.
➢ Condition 11.13. — Residuals having a high sodium adsorption ratio require special
application.
➢ Condition 1H.1. — The program must be properly maintained and operated.
➢ Condition 111.2. — Lists the notifications required prior to initial application on a new site.
➢ Condition I11.3. --- Lists the notifications required prior to subsequent applications on any site.
➢ Condition IIIA. — Lists the Minimum requirements of the Operation and Maintenance Plan.
➢ Condition II1.5. — An ORC and backup ORC must be retained to oversee the operations.
➢ Condition III.6. — Copies of the permit and O&M plan must be present during applications.
➢ Condition 111.7. — Spill control provisions must be in effect during transport and application.
➢ Condition 111.11. -- Lists site conditions which disallow the application of residuals.
➢ Condition 111.12. — Describes the public access restrictions for the application sites.
➢ Condition III.13. — Describes the signage required for each of the application sites.
➢ Condition I1I.15. — Information regarding prior nutrient applications is required.
➢ Condition 111.16. — The Land Owner Agreements must be in full force and effect.
➢ Condition IV.3. — Lists analyses required on the residuals for metals and other substances.
➢ Condition IVA. — The residuals must be tested for pathogen and vector attraction. reduction.
➢ Condition N.S. — A Standard Soil Fertility Analysis is required on each application site.
➢ Condition IV.7. — Lists the recording requirements for all application events.
➢ Condition IV.8. — An annual report must be submitted before March I" of the following year.
➢ Condition IV.9. — Addresses the occurrence and responses to Non -Compliance Events.
➢ Condition V.1. — The Permittee shall provide adequate inspection and maintenance.
Mr. Tim Church
August 25, 2015
Page 3 of 3
➢ Condition VI.6. — The permit may be revoked or modified under certain conditions.
➢ Condition V1.7. — The facilities may not be expanded if certain circumstances prevail.
If any parts, requirements or limitations contained in this permit are unacceptable, the Permittee
has the right to request an adjudicatory hearing upon written request within 30 days following receipt of
this permit. This request shall be in the form of a written petition, conforming to Chapter 150B of the
North Carolina General Statutes, and filed with the Office of Administrative Hearings at 6714 Mail
Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
If you need additional information concerning this permit, please contact David Goodrich at (919)
807-6352 or david.goodrich(j�nedenngov.
Sincerely,
S. Jay Zimmerman, P.G., Director
Division. of Water Resources
cc: Ashe County Health Department (Electronic Copy)
Winston-Salem Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Beth Buffington — Protection and Enforcement Branch (Electronic Copy)
Digital Permit Archive (Electronic Copy)
Central Files
THIS PAGE BLANK
I.
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
LAND APPLICATION OF CLASS B RESIDUALS PERMIT (NON -DEDICATED)
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Town of Jefferson
Ashe County
FOR THE
continued operation of a residuals management program for the Town of Jefferson and consisting of the
land application of Class B residuals generated by the approved facility listed in Attachment A to the
approved sites listed in Attachment B with no discharge of wastes to surface waters, pursuant to the
application received February 6, 2015, and subsequent additional information received by the Division of
Water Resources, and in conformity with other supporting data subsequently filed and approved by the
Department of Environment and Natural Resources and considered a part of this permit. The use and
disposal of residuals are regulated under Title 40 Code of Federal Regulations Part 503. This permit does
not exempt the Permittee from complying with the federal regulations.
This permit shall be effective from the date of issuance until July 31, 2020, shall void Permit No.
WQ0004166 issued August 30, 2006 and shall be subject to the following specified conditions and
limitations:
SCHEDULES
No later than six months prior to the expiration of this permit, the Permittee shall request renewal of
this permit on official Division forms. Upon receipt of the request, the Division will review the
adequacy of the facilities described therein, and if warranted, will renew the permit for such period of
time and under such conditions and limitations as it may deem appropriate. Please note Rule 15A
NCAC 02T .0105(d) requires an updated site map to be submitted with the permit renewal
application. [15A NCAC 02T .0108(b)(2), 02T .105(d), 02T .0109]
2. The Permittee shall be in full compliance with the regional office notification requirements
established in Condition III.3. within 90 days of the effective date of this permit. [15A NCAC 02T
.0108(b)(2)]
The Permittee shall submit the Operation and Maintenance (O&M) plan as required in Condition
III.4. to the Division within 90 days of the effective date of this permit. [15A NCAC 02T
.0108(b)(2)]
4. The Permittee shall be in full compliance with the signage requirements established in Condition
III.13. within 180 days of the effective date of this permit. [15A NCAC 02T .0108(b)(2)]
WQ0004166 Version 3.0 Shell Version 150101 Page 1 of 12
H. PERFORMANCE STANDARDS
The subject residuals management program shall be effectively maintained and operated at all times
so there is no discharge to surface waters, nor any contravention of groundwater or surface water
standards. In the event the facilities fail to perform satisfactorily, including the creation of nuisance
conditions due to improper operation and maintenance, the Permittee shall immediately cease land
applying residuals to the site, contact the Winston-Salem Regional Office supervisor, and take any
immediate corrective actions. [G.S. 143-215.11
2. This permit shall not relieve the Permittee of responsibility for damages to groundwater or surface
water resulting from the operation of this residuals management program. [I5A NCAC 02B .0200,
02L .0100]
3. Only residuals generated by the facilities listed in Attachment A are approved for land application in
accordance with this permit. [G.S. 143-215.1]
4. Only the sites listed in Attachment B are approved for residuals land application. [G.S. 143-215.1]
S. Pollutant concentrations in residuals applied to land application sites listed in Attachment B shall not
exceed the following Ceiling Concentrations (i.e., dry weight basis) or Cumulative Pollutant
Loading Rates (CPLRs):
Parameter
Ceiling Concentration
(milligrams per kilogram)
CPLR
(pounds per acre)
Arsenic
75
36
Cadmium
85
34
Copper
4,300
1,338
Lead
840
267
Mercury
57
15
Molybdenum
75
n/a
Nickel
420
374
Selenium
100
89
Zinc
7,500
2,498
The Permittee shall determine compliance with the CPLRs using one of the following methods:
a. By calculating the existing cumulative level of pollutants using actual analytical data from all
historical land application events of residuals, or
b. For land where residuals application have not occurred or for which the required data is
incomplete, by determining background concentrations through representative soil sampling.
[ 15A NCAC 02T .11051
6. Residuals that are land applied shall meet Class B pathogen reduction requirements in 15A NCAC
02T .1106 (a) and (c). Exceptions to this requirement shall be specified in Attachment A. [15A
NCAC 02T. 11061
7. Biological residuals (i.e. residuals generated during the treatment of domestic or animal processing
wastewater, or the biological treatment of industrial wastewater, and as identified in Attachment A)
that are land applied shall meet one of the vector attraction reduction alternatives in 15A NCAC 02T
.1107(a). Exceptions to this requirement shall be specified in Attachment A. [15A NCAC 02T
.1107]
WQ0004166 Version 3.0 Shell Version 150101 Page 2 of 12
8. Setbacks for Class B land application sites shall be as follows:
Setback by application type
(feet)
Setback Description
Vehicular
Irrigation
Surface
Surface
Infection /
Application
Application
Incorporation
Habitable residence or place of public assembly
under separate ownership or not to be maintained as
400'
400'
200'
art of the project site
Habitable residence or places of public assembly
owned by the Permittee, the owner of the land, or the
0
200
0
lessee/operator of the land to be maintained as part
of the project site
Property lines
50
150
50
Public right of way
50
50
50
Private or public water supply
100
100
100
Surface waters (streams — intermittent and perennial,
100
100
50
perennial waterbodies, and wetlands)
Surface water diversions (ephemeral streams,
25
100
25
waterways, ditches)
Groundwater lowering ditches (where the bottom of
25
100
25
the ditch intersects the SHWT)
Subsurface groundwater lowering system
0
100
0
Wells with exception to monitoring wells
100
100
100
Bedrock outcrops
25
25
25
Top of slope of embankments or cuts of two feet or
15
15
15
more in vertical height
Building foundations or basements
0
15
0
Water lines
0
10
0
Swimming pools
100
100
100
Nitrification fields
0
20
0
' The setback distance requirement may be reduced to a minimum of 100 feet upon written consent
of the owner and approval from the Water Quality Regional Operations Section of the appropriate
Division's regional office in Attachment B of this permit.
[ 15A NCAC 02T .1108]
9. Land application areas shall be clearly marked on each site prior to and during any residuals
application event. [15A NCAC 02T .0108(b)(1)]
WQ0004166 Version 3.0 Shell Version 150101 Page 3 of 12
10. Bulk residuals and other sources of Plant Available Nitrogen (PAN) shall not be applied in
exceedance of agronomic rates. Appropriate agronomic rates shall be calculated using expected
nitrogen requirements based on the determined Realistic Yield Expectations (RYE) using any of the
following methods:
a. Division's pre -approved site specific historical data for specific crop or soil types by calculating
the mean of the best three yields of the last five consecutive crop harvests for each field.
b. North Carolina Historical Data for specific crop and soil types as provided by North Carolina
State University Department of Soil Science (http://nutrients.soil.ncsq.edu/yields/indexph�).
A copy shall be kept on file and reprinted every five years in accordance with Condition IV.5.
c. If the RYE cannot be determined using methods (a) or (b) above, the Permittee may use the RYE
and appropriate nutrient application rates reported in any of the following documents:
i. Crop management plan as outlined by the local Cooperative Extension Office, the North
Carolina Department of Agriculture and Consumer Services, the Natural Resource
Conservation Service, or other agronomist.
ii. Waste Utilization Plan as outlined by the Senate Bill 1217 Interagency Group - Guidance
Document: Chapter 1
(http://www.nca�gr.gov/SWC/tech/documents/9th Guidance Doc_1001091df).
iii. Certified Nutrient Management Plan as outlined by the Natural Resources Conservation
Services (MRCS). These plans must meet the USDA -MRCS 590 Nutrient Management
Standards (ftp://ftp-fc.sc.e ov.usda. ovINHO/practice-standards/standards/590.pdf).
d. If the RYE and appropriate nutrient application rates cannot be determined, the Permittee shall
contact the Division to determine necessary action.
[I5A NCAC 02T .1109(b)(1)(k)]
11. When residuals are land applied to grazed pasture, hay crop realistic nitrogen rate shall be reduced by
25% in accordance with the USDA-NRCS 590 Nutrient Management Standards. [15A NCAC 02T
.0108(b)(1)]
12. If land application sites are to be over -seeded or double -cropped (e.g., bermuda grass in the summer
and rye grass in the winter with both crops to receive residuals), then the second crop can receive an
application of PAN at a rate not to exceed 50 pounds per acre per year (lbs/ae/yr). This practice may
be allowed as long as the second crop is to be harvested or grazed. If the second crop is to be planted
for erosion control only and is to be tilled into the soil, then no additional PAN shall be applied. [15A
NCAC 02T .0108(b)(1)]
13. Prior to land application of residuals containing a sodium adsorption ratio (SAR) of 10 or higher, the
Permittee shall obtain and implement recommendations from at least one of the following: the local
Cooperative Extension Office; the Department of Agriculture and Consumer Services; the Natural
Resource Conservation Service; a North Carolina Licensed Soil Scientist; or an agronomist. The
recommendations shall address the sodium application rate, soil amendments (e.g., gypsum, etc.), or a
mechanism for maintaining site integrity and conditions conducive to crop growth. The Permittee
shall maintain written records of these recommendations and details of their implementation. [15A
NCAC 02T .0108(b)(1)]
WQ0004166 Version 3.0 Shell Version 150101 Page 4 of 12
14. These residuals land application sites were individually permitted on or after December 30, 1983;
therefore, the compliance boundary is established at either 250 feet from the residual land application
area, or 50 feet within the property boundary, whichever is closest to the residual land application
area. An exceedance of groundwater standards at or beyond the compliance boundary is subject to
remediation action according to 15A NCAC 02L .0106(d) (2) as well as enforcement actions in
accordance with North Carolina General Statute 143-215.6A through 143-215.6C. Any approved
relocation of the COMPLIANCE BOUNDARY will be noted in Attachment B. [15A NCAC 02L
.0107(a)]
15. The review boundary shall be established midway between the compliance boundary and the residual
land application area. Any excecdancc of groundwater standards at the review boundary shall require
action in accordance with 15A NCAC 02L .0106. [15A NCAC 02L .0108]
Ill. OPERATION AND MAINTENANCE REQUIREMENTS
I. The residuals management program shall be properly :maintained and operated at all times. The
program shall be effectively maintained and operated as a non -discharge system to prevent any
contravention of surface water or groundwater standards. [15A NCAC 02T .1110]
2. The Winston-Salem Regional Office, telephone number (336) 776-9800, and the appropriate local
government official (i.e., county manager, city manager, or health director) shall be notified at least
48 hours prior to the initial residuals land application event to any new land application site.
Notification to the regional supervisor shall be made from 8:00 a.m. until 5:00 p.m. on Monday
through Friday, excluding State Holidays. [15A NCAC 02T .0108(b)(1)]
3. The Winston-Salem Regional Office shall be notified via email or telephone, (336) 776-9800, at least
24 hours prior to conducting any land application activity. Such notification shall indicate, at a
minimum, the anticipated application times, field IDs, and location of land application activities. If it
becomes necessary to apply to additional fields due to unforeseen events, the Regional Office shall be
notified prior to commencing the application to those fields. [15A NCAC 02T .0108(b)(1)]
4. The Pennittee shall maintain an approved Operation and Maintenance Plan (O&M Plan)
Modifications to the O&M Plan shall be approved by the Division prior to utilization of the new plan.
The O&M Plan, at the minimum, shall include:
a. Operational functions;
b. Maintenance schedules;
c. Safety measures;
d. Spill response plan.;
e. Inspection plan including the following information:
i. Names and/or titles of personnel responsible for conducting the inspections;
ii. Frequency and location of inspections, including those to be conducted by the ORC, and
procedures to assure that the selected location(s) and inspection frequency are representative
of the residuals management program;
iii. Detailed description of inspection procedures including record keeping and actions to be
taken by the inspector in the event that noncompliance is observed pursuant to the
noncompliance notification requirements under the monitoring and reporting section of the
permit;
f. Sampling and monitoring plan including the following information:
i. Names and/or titles of personnel responsible for conducting the sampling and monitoring;
ii. Detailed description of monitoring procedures including parameters to be monitored;
WQ0004166 Version 3.0 Shell Version 150101 Page 5 of 12
iii. Sampling frequency and procedures to assure that representative samples are being collected.
Fluctuation in temperature, flow, and other operating conditions can affect the quality of the
residuals gathered during a particular sampling event. The sampling plan shall account for
any foreseen fluctuations in residuals quality and indicate the most limiting times for
residuals to meet pathogen and vector attraction reduction requirements (e.g. facilities that
land apply multiple times per year but have an annual sampling frequency, may need to
sample during winter months when pathogen reduction is most likely to be negatively
affected by cold temperatures).
[15A NCAC 02T .l 1001
5. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC)
classification of the facility, the Permittee shall designate and employ a certified operator in
responsible charge (ORC) and one or more certified operators as back-up ORCs in accordance with
15A NCAC 08G .0201. The ORC or his back-up shall visit the facilities in accordance with 15A
NCAC 08G. 0204, or as specified in the most recently approved O&M plan (i.e., see Condition
11I.4.), and shall comply with all other conditions of 15A NCAC 08G. 0204. For more information
regarding classification and designation requirements, please contact the Division of Water
Resources' Protection and Enforcement Branch at (919) 707-9105. [ 15A NCAC 02T .0117]
6. When the Permittee land applies bulk residuals, a copy of this permit and a copy of O&M Plan shall
be maintained at the land application sites during land application activities. [15A NCAC 02T
.O 108(b)(1)]
7. When the Permittee transports or land applies bulk residuals, the spill control provisions shall be
maintained in all residuals transport and application vehicles. [ 15A NCAC 02T .1110]
8. Residuals shall not be stored at any land application site, unless written approval has been requested
and received from the Division. [G.S. 143-215.1]
9. When the Permittee land applies bulk residuals, adequate measures shall be taken to prevent wind
erosion and surface runoff from conveying residuals from the land application sites onto adjacent
properties or into surface waters. [G.S. 143-215.1]
10. When the Permittee land applies bulk residuals, a suitable vegetative cover shall be maintained on
land application sites onto which residuals are applied, or application shall be in accordance with the
crop management plan outlined by the local Cooperative Extension Office, the Department of
Agriculture and Consumer Services, the Natural Resource Conservation Service, or an agronomist
and as approved by the Division. [15A NCAC 02T .1109(b)(1)]
11. Bulk residuals shall not be land applied under the following conditions:
a. If the residuals are likely to adversely affect a threatened or endangered species listed under
section 4 of the Endangered Species Act or its designated critical habitat;
b. If the application causes prolonged nuisance conditions;
c. If the land fails to assimilate the bulk residuals or the application causes the contravention of
surface water or groundwater standards;
d. If the land is flooded, frozen or snow-covered, or is otherwise in a condition such that runoff of
the residuals would occur;
e. Within the 100-year flood elevation, unless the bulk residuals are injected or incorporated within
a 24-hour period following a residuals land application event;
f. During a measurable precipitation event (i.e., greater than 0.01 inch per hour), or within 24 hours
following a rainfall event of 0.5 inches or greater in a 24-hour period;
WQ0004166 Version 3.0 Shell Version 150101 Page 6 of 12
g. If the slope is greater than 10% for surface applied liquid residuals, or if the slope is greater than
18% for injected or incorporated bulk liquid residuals;
h. If the soil pH is not maintained at 6.0 or greater, unless sufficient amounts of lime are applied to
achieve a final soil pH of at least 6.0, or if an agronomist provides information indicating that the
pH of the soil, residuals and lime mixture is suitable for the specified crop. Any approved
variations to the acceptable soil pH (6.0) will be noted in this permit;
i. If the land does not have an established vegetative cover unless the residuals are incorporated or
injected within a 24-hour period following a residuals land application event. Any field that is in
a USDA no -till program shall be exempted from meeting this vegetative cover requirement;
j. If the vertical separation between the seasonal high water table and the depth of residuals
application is less than one foot;
k. If the vertical separation of bedrock and the depth of residuals application is less than one foot;
1. Application exceeds agronomic rates.
[15A NCAC 02T .l 109]
12. The following public access restrictions apply to residual land application sites:
a. Public access to public contact sites (e.g., golf courses, parks, ball fields, etc.) shall be restricted
for 365 days after a residuals land application event;
b. Public access to non-public contact sites shall be restricted for 30 days after a residuals land
application event.
[15A NCAC 02T .I 109(b)(2)]
13. Public access controls shall include the posting of signs with a minimum area of 3 square feet (e.g.,
1.5' x 2'). Each sign shall indicate the activities conducted at each site, permit number, and name and
contact information, including the Permittee or applicator's telephone number. Signs shall be posted
in a clearly visible and conspicuous manner at the entrance to each land application site during a land
application event, and for as long as the public access restrictions required under Condition III.12.
apply. [15A NCAC 02T .0108(b)(1)]
14. The following harvesting and grazing restrictions apply to residual land application sites after each
land application event:
Harvesting and Grazing Description
Restricted
Duration
Animals shall not be allowed to graze during land application activities and
restricted period. Sites that are to be used for grazing shall have fencing to
30 days
prevent access after each land application event.
Food crops, feed crops and fiber crops shall not be harvested for:
30 days
Turf grown on land where residuals have been applied shall not be harvested for:
12 months
Food crops with harvested parts that touch the residual/soil mixture and are
totally above the land surface (e.g., tobacco, melons, cucumbers, squash, etc.)
14 months
shall not be harvested for:
When the residuals remain on the land surface for four months or Ionger prior to
incorporation into the soil, food crops with harvested parts below the land
surface (e.g., root crops such as potatoes, carrots, radishes, etc.) shall not be
20 months
harvested for:
When the residuals remain on the land surface for less than four months prior to
incorporation into the soil, food crops with harvested parts below the land
38 months
surface shall not be harvested for:
WQ0004166 Version 3.0 Shell Version 150101 Page 7 of 12
[ I SA NCAC 02T . 1109(b)(3 )]
15. The Permittee shall acquire from each landowner or lessee/operator a statement detailing the volume
of other nutrient sources (i.e., manufactured fertilizers, manures, or other animal waste products) that
have been applied to the site, and a copy of the most recent Nutrient Management Plan (NMP) for
those operations where a NMP is required by the US Department of Agriculture - National Resources
Conservation Service (MRCS) or other State Agencies, The Permittee shall calculate allowable
nutrient loading rates based on the provided information and use appropriate reductions.
For the purpose of this permit condition, a Crop Management PIan (CMP), Waste Utilization Plan
(WUP) or Certified Nutrient Management Plan (CLAMP) shall also be considered a Nutrient
Management Plan. [15A NCAC 02T .0108(b) (1), 02T .1104(c)(4)]
16. No residuals shall be land applied unless the submitted Land Owner Agreement Attachment (LOAA)
between the Permittee and landowners or lessees/operators of the land application site is in full force
and effect. These agreements shall be considered expired concurrent with the permit expiration date,
and shall be renewed during the permit renewal process. [ 15A NCAC 02T .1104(c)(4)]
IV. MONITORING AND REPORTING REQUIREMENTS
1. Any Division required monitoring (including groundwater, plant tissue, soil and surface water
analyses) necessary to ensure groundwater and surface water protection shall be established, and an
acceptable sample reporting schedule shall be followed. [15A NCAC 02T .0108(c)]
2. Residuals shall be analyzed to demonstrate they are non -hazardous under the Resource Conservation
and Recovery Act (RCRA). Residuals that tests or is classified as a hazardous or toxic waste
under 40 CFR Part 261 shall not be used or disposed under this permit. The analyses
[corrosivity, ignitability, reactivity, and toxicity characteristic leaching procedure (TCLP)] shall
be performed at the frequency specified in Attachment A, and the Permittee shall maintain these
results for a minimum of five years. Any exceptions from the requirements in this condition shall be
specified in Attachment A.
The TCLP analysis shall include the following parameters (the regulatory level in milligrams per liter
is in parentheses):
Arsenic (5.0)
1,4-Dichlorobenzene (7.5)
Nitrobenzene (2.0)
Barium (100.0)
1,2-Dichloroethane (0.5)
Pentachlorophenol (100.0)
Benzene (0.5)
1,1-Dichloroethylene (0.7)
Pyridine (5.0)
Cadmium (1.0)
2,4-Dinitrotoluene (0.13)
Selenium (1.0)
Carbon tetrachloride (0.5)
Endrin (0.02)
Silver (5,0)
Chlordane (0.03)
Hexachlorobenzene (0.13)
Tetrachloroethylene (0.7)
Chlorobenzene (100.0)
Heptachlor (and its hydroxide)
(0.008)
Toxaphene (0.5)
Chloroform (6.0)
Hexachloro-1,3-butadiene, (0.5)
Trichloroethylene (0.5)
Chromium (5.0)
Hexachloroethane (3.0)
2,4,5-Trichlorophenol (400.0)
m-Cresol (200.0)
Lead (5.0)
2,4,6-Trichlorophenol (2.0)
o-Cresol (200.0)
Lindane (0.4)
2,4,5-TP (Silvex) (1.0)
p-Cresol (200.0)
Mercury (0.2)
Vinyl chloride (0.2)
Cresol (200.0)
Methoxychlor (10.0)
2,4-D (10.0)
Methyl ethyl ketone (200.0)
WQ0004166 Version 3.0 Shell Version 150101 Page 8 of 12
Once the residuals have been monitored for two years at the frequency specified in Attachment A, the
Permittee may submit a permit modification request to reduce the frequency of this monitoring
requirement. In no case shall the monitoring frequency be less than once per permit cycle.
[I5A NCAC 13A .0102(b), 02T, 110 1, 02T .11051
3. An analysis shall be conducted on residuals from each source generating facility at the frequency
specified in Attachment A, and the Permittee shall maintain the results for a minimum of five years.
The analysis shall include the following parameters:
Aluminum
Mercury
Potassium
Ammonia Nitrogen
Molybdenum
Selenium
Arsenic
Nickel
Sodium
Cadmium
Nitrate -Nitrite Nitrogen
Sodium Adsorption Ratio
(SAR)
Calcium
Percent Total Solids
TKN
Copper
pH
Zinc
Lead
Phosphorus
Magnesium
Plant Available Nitrogen
(by calculation)
[ 15A NCAC 02T.11011
4. Residuals shall be monitored for compliance with pathogen and vector attraction reduction
requirements at the frequency specified in Attachment A, and at the time indicated in the sampling
and monitoring sections of the approved O&M plan. The required data shall be specific to the
stabilization process utilized, and sufficient to demonstrate compliance with the Class B pathogen
reduction requirements in 15A NCAC 02T .1106 (a) and (c), and one vector attraction reduction
requirement in 15A NCAC 02T .1107 (a) shall be met. Any exceptions from the requirements in this
condition shall be specified in Attachment A. [15A NCAC 02T .1106, 02T .1107, 02T .1111(c)]
5. An annual representative soils analysis (i.e., Standard Soil Fertility Analysis) shall be conducted on
each land application site listed in Attachment B on which a residuals land application event will
occur in the respective calendar year. This analysis shall be in accordance with the "Guidance on Soil
Sampling" located in the Sampling Instructions section of the NC Department of Agriculture &
Consumer Services' website (b�qp://www.ncagr.jzov/agronomi/Subs.htm). The Permittee shall
maintain these results and a description of the sampling methodologies used to determine soil fertility
for a period of no less than five years, and shall be made available to the Division upon request. At a
minimum, the Standard Soil Fertility Analysis shall include the following parameters:
Acidity
Exchangeable Sodium Percentage
Phosphorus
Base Saturation (by calculation)
Magnesium
Potassium
Calcium
Manganese
Sodium
Cation Exchange Capacity
Percent Humic Matter
Zinc
Copper
pH
[15A NCAC 02T .1I 11(d)]
6. Laboratory parameter analyses shall be performed on the residuals as they are land applied, and shall
be in accordance with the monitoring requirements in 15A NCAC 02B .0505. [15A NCAC 02B
.0505]
WQ0004166 Version 3.0 Shell Version 150101 Page 9 of 12
7. The Permittee shall maintain records tracking all residual land application events. At a minimum,
these records shall include the following:
a. Source of residuals;
b. Date of land application;
c. Location of land application (i.e., site, field, or zone number as listed in Attachment B);
d. Approximate areas applied to (acres);
e. Method of land application;
f, Weather conditions (e.g., sunny, cloudy, raining, etc.);
g. Predominant Soil Mapping Unit (e.g., CbB2);
h. Soil conditions (e.g., dry, wet, frozen, etc.);
i. Type of crop or crops to be grown on field;
j. Nitrogen Application Rate based on RYEs (if using data obtained from the North Carolina State
University Department of Soil Science Website, the printout page shall be kept on file and
reprinted every five years);
k. Volume of residuals land applied in gallons per acre, cubic yard per acre, dry tons per acre, or wet
ton per acre;
4. Volume of animal waste or other nutrient source applied in gallons per acre, dry ton per acre, or
wet tons per acre;
in. Volume of soil amendments (e.g., lime, gypsum, etc.) applied in gallons per acre, dry ton per
acre, or wet tons per acre; and
n. Annual and cumulative totals in dry tons per acre of residuals as well as animal waste and other
sources of nutrients (e.g., if applicable), annual and cumulative pounds per acre of each heavy
metal (e.g., shall include, but shall not be limited to, arsenic, cadmium, copper, lead, mercury,
molybdenum, nickel, selenium, and zinc), annual pounds per acre of PAN, and annual pounds per
acre of phosphorus applied to each field.
[15A NCAC 02T .0109(a)]
Three copies of an annual report shall be submitted on or before March I". The annual report shall
meet the requirements described in the Instructions for Residuals Application Annual Reporting
Forms. Instructions for reporting and annual report forms are available at
http:l/portal.ncdenr.org/weblwglapsllau/reportin , or can be obtained by contacting the Land
Application Unit directly. The annual report shall be submitted to the following address:
Division of Water Resources
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
[15A NCAC 02T .I I I l(a)]
WQ0004166 Version 3.0 Shell Version 150101 Page 10 of 12
9. Noncompliance Notification
The Permittee shall report by telephone to the Winston-Salem Regional Office, telephone number
(336) 776-9800, as soon as possible, but in no case more than 24 hours or on the next working day
following the occurrence or first knowledge of the occurrence of any of the following:
a. Land application of residuals abnormal in quantity or characteristic.
b. Any failure of the land application program resulting in a release of material to surface waters.
Any time self -monitoring indicates the facility has gone out of compliance with its permit
limitations.
d. Any process unit failure, due to known or unknown reasons, rendering the facility incapable of
adequate residual treatment.
e. Any spill or discharge from a vehicle or piping system during residuals transportation.
Any emergency requiring immediate reporting (e.g., discharges to surface waters, imminent failure of
a storage structure, etc.) outside normal business hours shall be reported to the Division's Emergency
Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300.Persons
reporting such occurrences by telephone shall also file a written report in letter form within five days
following first knowledge of the occurrence. This report shall outline the actions taken or proposed to
betaken to ensure that the problem does not recur. [15A NCAC 02T .0105(l), 02T .0108(b) (1)]
V. INSPECTIONS
1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the
subject facilities and shall be in accordance with the approved O&M Plan. [15A NCAC 02T
.0108(b)]
2. Prior to each bulk residuals land application event, the Permittee or his designee shall inspect the
residuals transport and application facilities to prevent malfunctions, facility deterioration and
operator errors resulting in discharges, which may cause the release of wastes to the environment, a
threat to human health or a public nuisance. The Permittee shall maintain an inspection log that
includes, at a minimum, the date and time of inspection, observations made, and any maintenance,
repairs, or corrective actions taken. The Permittee shall maintain this inspection log for a period of
five years from the date of inspection, and this log shall be made available to the Division upon
request. [ 15A NCAC 02T .0108(b)]
3. Any duly authorized Division representative may, upon presentation of credentials, enter and inspect
any property, premises or place on or related to the land application sites or facilities permitted herein
at any reasonable time for the purpose of determining compliance with this permit; may inspect or
copy any records required to be maintained under the terms and conditions of this permit; and may
collect groundwater, surface water or leachate samples. [G.S. 143-215.3(a)(2)]
VI. GENERAL CONDITIONS
1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to
an enforcement action by the Division in accordance with North Carolina General Statutes 143-
215.6A to 143-215.6C. [G.S. 143-215.6A to 143-215.6C]
2. This permit shall become voidable if the residuals land application events are not carried out in
accordance with the conditions of this permit. [15A NCAC 02T .0110]
WQ0004166 Version 3.0 Shell Version 150101 Page 11 of 12
3. This permit is effective only with respect to the nature and volume of residuals described in the
permit application and other supporting documentation. [G.S. 143-215.1]
4. The issuance of this permit does not exempt the Permittee from complying with any and all statutes,
rules, regulations, or ordinances, which may be imposed by other jurisdictional government agencies
(e.g., local, state, and federal). Of particular concern to the Division are applicable river buffer rules
in 15A NCAC 02B .0200; erosion and sedimentation control requirements in 15A NCAC Chapter 4
and under the Division's General Permit NCG010000; any requirements pertaining to wetlands under
15A NCAC 02B .0200 and 02H .0500; and documentation of compliance with Article 21 Part 6 of
Chapter 143 of the General Statutes. [15A NCAC 02T .0105(c)(6)]
5. In the event the residuals program changes ownership or the Permittee changes his name, a formal
permit modification request shall be submitted to the Division. This request shall be made on official
Division forms, and shall include appropriate documentation from the parties involved and other
supporting documentation as necessary. The Permittee of record shall remain fully responsible for
maintaining and operating the residuals program permitted herein until a permit is issued to the new
owner. [15A NCAC 02T .0104]
6. This permit is subject to revocation or unilateral modification upon 60 days notice from the Division
Director, in whole or part for the requirements listed in 15A NCAC 02T A 110. [ 15A NCAC 02T
.0110]
Unless the Division Director grants a variance, expansion of the permitted residuals program
contained herein shall not be granted if the Permittee exemplifies any of the criteria in 15A NCAC
02T .0120(b). [15A NCAC 02T .0120]
8. The Permittee shall pay the annual fee within 30 days after being billed by the Division. Failureto
pay the annual fee accordingly shall be cause for the Division to revoke this permit. [15A NCAC 02T
.0105(e)(3)]
Permit issued this the 25th day of August 2015
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
�*-S. Jay Zimmerman, P.G., Director
Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number WQ0004166
WQ0004166 Version 3.0 Shell Version 150101 Page 12 of 12
ATTACHMENT A - Approved Residual Sources
Town of Jefferson
Residuals Source -Generating Facilities
Certification Date: August 25, 2015
Permit Number: WQ0004166 Version: 3.0
Maximum
Monitoring
Monitoring
MonitoringApproved
Frequency for
Owner
Facility Name
County
Permit
Biological
Dry Tons
Frequency for
Frequency for
Pathogen &
Mineralization
Number
Residuals
1
Per Year
Non -hazardous
Metals and
Vector Attraction
Rate
Characteristics a
Nutrients s, 5
Reductions 4,5
Town of Jefferson
Town of Jefferson Wastewater Treatment Plant
Ashe
NCO021709
Yes
75
Annually
Annually
Annually
0.30
1. Maximum Dry Tons per Year is the amount of residuals approved for land application from each permitted facility.
2. Analyses to demonstrate that residuals are non -hazardous (i.e., TCLP, ignitability, reactivity, and corrosivity) as stipulated under permit Condition IV.2. Provided that the residuals generated
from this residuals source -generating facility are not mixed with any other residuals authorized by this permit, this facility shall be exempt from complying with the performance standards
stipulated in Condition IV.2. as well as the monitoring and reporting requirements stipulated in Condition IV.2.
3. Testing of metals and nutrients as stipulated under permit Condition IV.3.
4. Analyses of pathogen and vector attraction reductions as stipulated under permit Condition IVA.
5. Monitoring frequencies are based on the actual dry tons applied per year using the table below, unless specified above.
Dry Tons Generated
short tons per ear
Monitoring Frequency
Established in 40 CFR 503 and 15A NCAC 02T .1111
<319
1 /Year
=>319 - <1,650
l/ Quarter (4 times Rer year
=>1,650 - <16,500
1/60 Days (6 times per ear
=>16,500
l/month (12 times per ear)
If no land application events occur during a required sampling period (e.g. no land application occur during an entire year when annual monitoring is required), then no
sampling data is required during the period of inactivity. The annual report shall include an explanation for missing sampling data. Those required to submit the annual
report to EPA may be required to make up the missed sampling, contact the EPA for additional information and clarification.
WQ0004166 Version 3.0 Attachment A Page 1 of 1
THIS PAGE BLANK
ATTACHMENT B - Approved Land Application Sites
Town of Jefferson
Certification Date: August 25, 2015
Permit Number: WQ0004166 Version: 3.0
Field/ Site
Owner
Lessee
County
Latitude
Longitude
Net Acreage
Dominant Soil Series
Footnotes
Site No. 1
Walters,1. Fred
Town of Jefferson
Ashe
36025' 05"
-810 25' 53"
26.0
Watauga
Site No. 3
Walters, 1. Fred
Town of Jefferson
Ashe
360 24' 55"
-81 ° 25' 47"
8.0
Watauga
Site No. 5
Walters, Johnny
Town of Jefferson
Ashe
36° 24' S3"
-81° 25' 37"
9.0
Watauga
Total
43.0
WQ0004166 Version 3.0 Attachment B Page 1 of 1
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WQ0004166
SITE LOCATION MAP
Fred Waiters
Fred Walters Farm
FIGURE 2
TOWN OF JEFFERSON
LAND APPLICATION PROGRAM
ASHE COUNTY
WQ0004166
SITE DETAIL MAP FOR SITE 1
Site 1 WQ0004166
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WQ0004166
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FIGURE 4
TOWN OF JEFFERSON
LAND APPLICATION PROGRAM
ASHE COUNTY
WQ0004166
SITE DETAIL MAP FOR SITE 5
1 inch = 300 feet